I received this notice from a trade association:

** FAXING CUSTOMERS? FCC REQUIRES WRITTEN PERMISSION AFTER AUG. 25.
New Federal Communications (FCC) rules prohibit faxing to your
customers unless you receive written consent. The advice: If you wish
to continue sending faxes to your customers, you should contact your
customers now, before Aug. 25, 2003, to obtain their written consent.
After that day, you will no longer be able to send fax advertisements
even to your customers, without their prior written consent. This new
FCC rule covers business-to-business marketers, business-to-consumer
marketers, trade associations, and other nonprofits. Then as of 12:01
a.m. on Aug. 25, you will not be able to fax advertisements to anyone,
even if the recipient asks you to fax to them - oral permission will
not meet the new FCC's consent requirements. You must receive the
person's written consent or digital signature. This new rule will not
affect political fax communications or those conducting surveys or
polls via fax.

Found this document from the FCC that addresses the topic:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-153A1.pdf

and this webpage:  http://www.dwt.com/practc/telecom/bulletins.htm

My question is what is the penalty for failing to comply with this new
regulation?

Greetings B00ne:

The following is from the Telephone Consumer Protection Act of 1991
TITLE 47 > CHAPTER 5 > SUBCHAPTER II > Part I > Sec. 227 at
http://www4.law.cornell.edu/uscode/47/227.html

"(3) Private right of action 
A person or entity may, if otherwise permitted by the laws or rules of
court of a State, bring in an appropriate court of that State -
(A) an action based on a violation of this subsection or the
regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a
violation, or to receive $500 in damages for each such violation,
whichever is greater, or
(C) both such actions. 
If the court finds that the defendant willfully or knowingly violated
this subsection or the regulations prescribed under this subsection,
the court may, in its discretion, increase the amount of the award to
an amount equal to not more than 3 times the amount available under
subparagraph (B) of this paragraph."

********* 

"On June 26, 2003, the FCC revised its rules implementing the
Telephone Consumer Protection Act (TCPA) of 1991 and established, in
coordination with the Federal Trade Commission (FTC), a national
Do-Not-Call registry. The national Do-Not-Call registry will cover all
commercial interstate and intrastate telemarketing calls."
From http://www.fcc.gov/cgb/consumerfacts/donotcallalert.html

"These new rules establish a national do-not-call registry, set a
maximum rate on the number of abandoned calls, require telemarketers
to transmit caller ID information, and modify the Commission's
unsolicited facsimile advertising requirements."
From http://www.the-dma.org/cgi/dispnewsstand?article=1311

Also, please see the commentary and information at 
http://www.junkfax.org/fax/basic_info/junk_fax_qa.htm

*******

The original penalty still applies and prosecution may be initiated by
the fax recipient.  The powers-that-be simply revised the wording of
the law to cover unsolicited fax transmissions and wireless
phone/message service.  The addition/revision is located at
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-18766.htm

*********

Thank you for asking this interesting question.  I thought from the
phrase you cited "This new rule will not affect political fax
communications or those conducting surveys or polls via fax" that it
might allow advertising with polls or surveys but the revision also
states "The Committee does not intend the term 'telephone
solicitation' to include public opinion polling, consumer or market
surveys, or other survey research conducted by telephone. A call
encouraging purchase, rental, or investment would fall within the
definition, however, even though the caller purports to be taking a
poll or conducting a survey."  So, they did cover that aspect.

Best regards,
journalist-ga


SEARCH STRATEGY:

TCPA Aug. 25, 2003
fine for non-compliance TCPA
penalty for non-compliance TCPA

Excellent research and additional information.  Exactly what I was
looking for, thanks for the great service.